Florida 2024 Regular Session

Florida House Bill H0993 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to first responders and crime scene 2
16	16	investigators; amending s. 112.1815, F.S.; defining 3
17	17	the term "first responder"; amending s. 112.18155, 4
18	18	F.S.; authorizing certain diagnoses to be made through 5
19	19	telehealth; removing a cross -reference; creating s. 6
20	20	112.18156, F.S.; providing definitions; providing that 7
21	21	posttraumatic stress disorder suffered by a crime 8
22	22	scene investigator is a compensable occupational 9
23	23	disease under certain circumstances; authorizing 10
24	24	certain diagnoses to be made through telehealth ; 11
25	25	specifying the evidentiary standard for demonstrating 12
26	26	such disorder; specifying that benefits do not require 13
27	27	a physical injury and are not subject to certain 14
28	28	apportionment or limitations; providing requirements 15
29	29	for benefits offered to a crime scene investigator for 16
30	30	posttraumatic stress disorder; specifying when a claim 17
31	31	for posttraumatic stress disorder must be noticed; 18
32	32	requiring a crime scene investigator's employing 19
33	33	agency to provide specified mental health training; 20
34	34	requiring the Department of Financial Services to 21
35	35	adopt rules; declaring that the act fulfills an 22
36	36	important state interest; providing an effective date. 23
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38	38	Be It Enacted by the Legislature of the State of Florida: 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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52	52	Section 1. Subsection (1) of section 112.1815, Florida 27
53	53	Statutes, is amended to read: 28
54	54	112.1815 Firefighters, paramedics, emergency medical 29
55	55	technicians, and law enforcement officers; special provisions 30
56	56	for employment-related accidents and injuries. — 31
57	57	(1) The term "first responder" As used in this section , 32
58	58	the term "first resp onder" means any of the following persons 33
59	59	who is a full-time paid employee, a part -time paid employee, or 34
60	60	an unpaid volunteer: 35
61	61	(a) A law enforcement officer , as defined in s. 943.10(1). 36
62	62	s. 943.10, 37
63	63	(b) A firefighter, as defined in s. 633.102 ., or 38
64	64	(c) An emergency medical technician or a paramedic, as 39
65	65	those terms are defined in s. 401.23 . 40
66	66	(d) A correctional officer, as defined in s. 943.10(2). 41
67	67	(e) A 911 public safety telecommunicator, as defined in s. 42
68	68	401.465(1). 43
69	69	(f) A federal law enforcement offi cer, as defined in s. 44
70	70	901.1505(1) employed by state or local government. A volunteer 45
71	71	law enforcement officer, firefighter, or emergency medical 46
72	72	technician or paramedic engaged by the state or a local 47
73	73	government is also considered a first responder of the s tate or 48
74	74	local government for purposes of this section . 49
75	75	Section 2. Subsection (2) of section 112.18155, Florida 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	Statutes, is amended to read: 51
89	89	112.18155 Correctional officers; special provisions for 52
90	90	posttraumatic stress disorders. — 53
91	91	(2) For purposes of this section and chapter 440, and 54
92	92	notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 55
93	93	disorder, as described in the Diagnostic and Statistical Manual 56
94	94	of Mental Disorders, Fifth Edition, published by the American 57
95	95	Psychiatric Association, suf fered by a correctional officer is a 58
96	96	compensable occupational disease within the meaning of s. 59
97	97	440.151 if both of the following apply: 60
98	98	(a) The posttraumatic stress disorder resulted from the 61
99	99	correctional officer acting within the course of his or her 62
100	100	employment as provided in s. 440.091 . 63
101	101	(b) The correctional officer is examined and subsequently 64
102	102	diagnosed with such disorder by a licensed psychiatrist , in 65
103	103	person or through telehealth as that term is defined in s. 66
104	104	456.47(1), who is an authorized treating p hysician as provided 67
105	105	in chapter 440 due to one of the following events: 68
106	106	1. Being taken hostage by an inmate or trapped in a life -69
107	107	threatening situation as a result of an inmate's act; 70
108	108	2. Directly witnessing a death, including a death due to 71
109	109	suicide, of a person who suffered grievous bodily harm of a 72
110	110	nature that shocks the conscience; 73
111	111	3. Directly witnessing an injury, including an attempted 74
112	112	suicide, to a person who subsequently dies before or upon 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	arrival at a hospital emergency department if the person was 76
126	126	injured by grievous bodily harm of a nature that shocks the 77
127	127	conscience; 78
128	128	4. Participating in the physical treatment of an injury, 79
129	129	or manually transporting a person who was injured, including by 80
130	130	attempted suicide, who subsequently dies before or upon arrival 81
131	131	at a hospital emergency department if the person was injured by 82
132	132	grievous bodily harm of a nature that shocks the conscience; 83
133	133	5. Directly witnessing a homicide regardless of whether 84
134	134	the homicide was criminal or excusable, including murder, mass 85
135	135	killing, manslaughter, self -defense, misadventure, and 86
136	136	negligence; or 87
137	137	6. Seeing for oneself a decedent whose death involved 88
138	138	grievous bodily harm of a nature that shocks the conscience. 89
139	139	Section 3. Section 112.18156, Florida Statutes, is created 90
140	140	to read: 91
141	141	112.18156 Crime scene investigators; special provisions 92
142	142	for posttraumatic stress disorders. — 93
143	143	(1) As used in this section, the term: 94
144	144	(a) "Advanced stage of decomposition" means the breaking 95
145	145	down of soft tissue, skin, and hair, as well as muscle and 96
146	146	connective tissue. 97
147	147	(b) "Crime scene investigator" means a forensic member of 98
148	148	a law enforcement agency, government, or civilian crime 99
149	149	laboratory whose primary responsibility is to document, 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	identify, collect, or preserve forensic evidence relevant to a 101
163	163	law enforcement, death, or natural disaster investigation, and 102
164	164	whose primary responsibilities include, but are not limited to, 103
165	165	collecting evidence such as fingerprints, footprints, tire 104
166	166	tracks, blood and other biological fluids, fibers, and fire 105
167	167	debris. 106
168	168	(c) "Directly witnessing" means to see or hear for 107
169	169	oneself. 108
170	170	(d) "Mass killing" means three or more killings in a 109
171	171	single incident. 110
172	172	(2) For purposes of this section and chapter 440, and 111
173	173	notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 112
174	174	disorder, as described in the Diagnostic and Statistical Manual 113
175	175	of Mental Disorders, Fifth Edition, published by the American 114
176	176	Psychiatric Association, suffered by a crime scene investigator 115
177	177	is a compensable occupational disease within the meaning of s. 116
178	178	440.151 if both of the following apply: 117
179	179	(a) The posttraumatic stress disorder resulted from the 118
180	180	crime scene investigator acting within the course of his or her 119
181	181	employment. 120
182	182	(b) The crime scene investigator is examined and 121
183	183	subsequently diagnosed with such disorde r by a licensed 122
184	184	psychiatrist, in person or through telehealth as that term is 123
185	185	defined in s. 456.47(1), who is an authorized treating physician 124
186	186	as provided in chapter 440 due to one of the following events: 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	1. Directly witnessing a death, including a death due to 126
200	200	suicide, that involved grievous bodily harm of a nature that 127
201	201	shocks the conscience; 128
202	202	2. Directly witnessing the death of a minor; 129
203	203	3. Directly witnessing an injury, including an attempted 130
204	204	suicide, to a person who subsequently dies before or upon 131
205	205	arrival at a hospital emergency department if the person was 132
206	206	injured by grievous bodily harm of a nature that shocks the 133
207	207	conscience; 134
208	208	4. Directly witnessing an injury to a minor who 135
209	209	subsequently dies before or upon arrival at a hospital emergency 136
210	210	department; 137
211	211	5. Directly witnessing a homicide regardless of whether 138
212	212	the homicide was criminal or excusable, including murder, mass 139
213	213	killing, manslaughter, self -defense, misadventure, and 140
214	214	negligence; 141
215	215	6. Seeing for oneself a deceased minor; 142
216	216	7. Seeing for oneself a decedent whose death involved 143
217	217	grievous bodily harm of a nature that shocks the conscience; or 144
218	218	8. Seeing for oneself a decedent who is in an advanced 145
219	219	stage of decomposition. 146
220	220	(3) The posttraumatic stress disorder must be demonstrated 147
221	221	by clear and convincing medical evidence. 148
222	222	(4) Benefits for a crime scene investigator under this 149
223	223	section: 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	(a) Do not require a physical injury to the crime scene 151
237	237	investigator. 152
238	238	(b) Are not subject to any of the following: 153
239	239	1. Apportionment due to a preexisting posttraumatic stress 154
240	240	disorder. 155
241	241	2. Any limitation on temporary benefits under s. 440.093. 156
242	242	3. The 1-percent limitation on permanent psychiatric 157
243	243	impairment benefits under s. 440.15(3). 158
244	244	(5) The time for notice of injury or death in cases of 159
245	245	compensable posttraumatic stress disorder under this section is 160
246	246	the same as in s. 440.151(6) and is measured from one of the 161
247	247	qualifying events listed in paragraph (2)(b) or the diagnosis of 162
248	248	the disorder, whichever is later. A claim under this section 163
249	249	must be properly noticed within 52 weeks after the qualifying 164
250	250	event or the diagnosis of the disorder, whichever is later. 165
251	251	(6) The employing agency of a crime scene investigator 166
252	252	must provide educational training related to mental health 167
253	253	awareness, prevention, mitigation, a nd treatment. 168
254	254	(7) The Department of Financial Services shall adopt rules 169
255	255	specifying injuries qualifying as grievous bodily harm of a 170
256	256	nature that shocks the conscience for the purposes of this 171
257	257	section. 172
258	258	Section 4. The Legislature determines and declare s that 173
259	259	this act fulfills an important state interest. 174
260	260	Section 5. This act shall take effect July 1, 2024. 175